51ÁÔÆæ

The Tribunal found the application to be irreceivable, ratione materiae, since the Applicant failed to file a timely request for management evaluation.

The Respondent asserted that the Application is not receivable because the Applicant was required to request management evaluation since the contested decision was not taken pursuant to the advice of a technical body under staff rule 11.2(b). The Tribunal found the Application to be receivable. UNCB as a technical body: The Tribunal concluded that an earlier determination from MEU to another staff member regarding the status of UNCB (Determination A) represents the decision of the Secretary-General that UNCB is a technical body for the purpose of staff rule 11.2(b) until or unless it is...

The UNDT rejected the application as irreceivable, for he only requested management evaluation of the two decisions years after he knew, or should have reasonably known, of the Administration¡¯s inaction.

The Application is not receivable pursuant to arts. 8.1 and 8.4 of the Tribunal¡¯s Statute and in accordance with the Appeals Tribunal¡¯s ruling in Terragnolo 2015-UNAT-517. Therefore, it is not necessary for the Tribunal to consider the merits of the case. Given the nature of the defects in the pleadings prepared by her Counsel, including the failure to observe basic legal and procedural requirements within the United Nations regulatory framework and Staff Rules, Counsel may wish to review the bill of costs, if any.

The UNDT found that with respect to one of them, Mrs. V., no complaint was ever received by OAIS and the Applicant never filed a request for management evaluation concerning her; hence, the application before the Tribunal was found as not receivable on this matter. Further, the Tribunal found that the Applicant¡¯s formal complaints addressed to OAIS against her four other colleagues were untimely as they had been sent in August 2014, i.e. more than eleven months after the Applicant¡¯s placement on Special Leave With Full Pay (¡°SLWFP¡±) in September 2013, when she stopped being in interaction with...

The UNDT found that the Applicant¡¯s complaint against her colleague, which was sent on 22 August 2014 to OAIS, was untimely as it had been sent more than eleven months after the Applicant¡¯s placement on Special Leave With Full Pay (¡°SLWFP¡±) in September 2013, when she stopped being in interaction with said colleague, whereas UNFPA Policy provides for a timelimit of six months to file a complaint following the last incident of harassment. The application was therefore rejected in full.

The UNDT found that the Applicant¡¯s complaint against said colleague, which was sent on 22 August 2014 to OAIS, was untimely as it had been sent more than eleven months after the Applicant¡¯s placement on Special Leave With Full Pay (¡°SLWFP¡±) in September 2013, when she stopped being in interaction with her colleague, whereas UNFPA Policy provides for a timelimit of six months to file a complaint following the last incident of harassment. The application was therefore rejected in full.

The UNDT found that with respect to one of them, Mr. Y., no complaint was ever received by OAIS, and that, hence, the application before the Tribunal was not receivable on that matter as no contestable administrative decision was ever taken with respect to Mr. Y. With regard to the Applicant¡¯s second colleague, Mrs. X., the Tribunal found that an email the Applicant had sent to an UNFPA Human Resources Associate in August 2013 did not meet the formal requirements of a complaint, as it was not addressed to OAIS pursuant to UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (...

The Tribunal found that the Administration, which acknowledged its mistake, was entitled and bound to recover the money that had been paid to the Applicant in excess of his entitlements as a result, albeit limited to the period of two years provided for in sec. 3.1 of ST/AI/2009/1. The application was dismissed.